Colin Bailey, 57, who spent five and half years incarcerated for the capital offence of murder, even though there was no evidence against him, has sued the state for in excess of $100 million on claims of unlawful arrest and detention and inhumane and degrading treatment.
Bailey has named the Attorney General Anil Nandlall, SC, and the Director of Public Prosecutions, Shalimar Ali- Hack as respondents in his Statement of Claim.
Represented by attorney Nigel Huges and Associates, Bailey who was charged with the August 2013 murder of his reputed wife Sirmattie Ramnaress, is asking for a number of declarations and monetary compensation.
Among his request is for a declaration that his arrest and detention was without lawful justification, that the decision by the DPP to institute murder charges was an abuse of power and also a declaration the delay in his trial was a breach of his guaranteed right to liberty and a fair trial.
Also, he has asked the High Court to declare that the failure to provide basic medical facilities at the Lusignan Prison and his exposure to COVID-19 was inhumane and degrading.
In addition, he has asked for several $100,000 sums to compensate individually for wrongful preferment of the charge of murder, wrongful detention, malicious prosecution and denial of his right to protection from inhumane and degrading treatment, among others.
Bailey previously said that he served time in three prisons where he was attacked, suffered a minor heart attack, and contracted the novel coronavirus.
The ex-police sergeant had long said he intends to sue the state. Bailey was freed on October 13, 2021, after the State failed to present witnesses to pin him to the crime.
Justice Jo-Ann Barlow in making her decision at the Demerara High Court, where Bailey was on trial for the capital offence, said that he should not have been before the court and that it was a waste of judicial time.
Bailey’s attorneys had also called for a Commission of Inquiry into the operations of the prosecutorial arm of the state where persons are incarcerated, detained, and prosecuted.
Meanwhile, Bailey has always protested his innocence. He said he and Ramnaress met in 1992 and started living together. At the time of her death, they were building a house in Diamond, East Bank Demerara.
He explained that on the day his wife was found murdered, he was on duty at the Cheddi Jagan International Airport for a state visit by the President of Venezuela.
After investigations, Bailey was initially charged for murdering his wife on November 24, 2016. The Director of Public Prosecution had recommended charges against him.
